Does Section 460 of Section 459 of the California Code of Civil Procedure include the term "inhabited dwelling house"?
California, United States of America
The following excerpt is from People v. Jones, C074172 (Cal. App. 2014):
Court has made it clear that the absence from section 460 of a term that is present in section 459 does not resolve the inquiry. (People v. Cruz (1996) 13 Cal.4th 764, 778 (Cruz) ["[M]any structures that are enumerated in section 459 but not mentioned in section 460, most notably 'room,' tenement,' and 'apartment,' long have been understood as included in the term 'inhabited dwelling house.' "].) Therefore, we reject this contention.
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